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WILL 



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IIENH Y I). G I LIMN 



w i. 



ACCOMPANYING PAPERS RELATING TO THE 

gilpin Library of the historical 

SOCIETY OF PENNSYLVANIA. 



I'lII I. A DELPH] A : 

COLLINS PRINTING HOUSB, ros J vyni: BTREET. 

I B87. 



fe 



W I L 



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II ENK V 1). G LLP IX 



AM' 



ACCOMPANYING PAPERS RELATING TO THE 

GILPIN LIBRARY OF THE HISTORICAL 

SOCIETY OF PENNSYLVANIA. 



PHI LA DELPH I \ : 

COLLINS PRINTING HOI SE, 705 JAYNE STREET. 

1**7. 



WILL OF 1IL.XKV I) GILPIN. 



The Lasl Will and Testament of limn I). Gilpin, 
of the dt\ of Philadelphia. 

I revoke every will and testament and instrument 
in the nature thereof, by me heretofore made; I direct 
my debts and funeral expenses to he paid. I desin 
'" l,m ' i,,(1 ;it Laurel Hill Cemetery in my lot of ground 
there by the side of my father and with a similar tomb- 
stone, but somewhat smaller. 

• appoint my wife Eliza Gilpin and my friends 
Charles Macalester and Charles Gilpin the Executors 
•••ii.l Trustees of this Will and Testament. I give my 
Executors and Trustees power to sell, dispose of and 
make any compromises or arrangements in regard I 
my cstaff. real and personal (my wife assenting) which 
they consider necessary to carry into effect this will 
and testament, bul in all such cases the entire amount 
of principal money that maybe received by them -hall 
be inv( sted and re-invested at interest in public stocks 
of the City of Philadelphia, or the State of Pennsyl- 
vania, and especially in all payments coming to me 
from my property at Chicago, I request this may be 
always done in regard to the principal money as it 
received. I especially desire that the settlement, divis- 
ion, and all arrangements in regard to my property 



real and personal, at Chicago, which I shall possess at 
the time of my death, whether the same is held by 
me as Trustee for Charles Macalester and E. W. Clark, 
or in my own right or for my own share shall be made 
under the direction of my Executor the said Charles 
Macalester (he consulting my wife and other executors), 
but that everything in relation thereto shall be done in 
strict compliance with the provisions of the Declara- 
tion of Trust made and executed by and between the 
said Charles Macalester, Enoch W. Clark and myself 
on the fifth day of April, A. D. 1853. I have been 
indebted so much to the kindness and good judgment 
of my friend Charles Macalester, that I trust and am 
sure he will continue the same to my wife. I direct 
that my said Executors and Trustees be not required 
to give any security for the performance of any duties 
under this will and testament. 

I give, devise and bequeath to my wife Eliza Gilpin 
(my gratitude to whom for all her affection no lan- 
guage can express), the entire income and proceeds of 
my whole estate real and personal during her life 
(requesting her, however, to pay therefrom to my 
dearest mother annually during her life the sum of two 
.thousand five hundred dollars). I hereby authorize 
and empower my wife Eliza Gilpin to give, devise and 
bequeath by any instrument of writing signed before 
three persons of whom I wish, but do not require, my 
friend Charles Macalester to be one if he is living, the 
sum of one hundred thousand dollars of the principal 
of my estate ; the said power and authority and the 
said gift, devise and bequest to take effect after her 
decease and not before. I leave to my wife this dispo- 
sition of my property instead of expressing any wish 



of in\ own, as Bhe i s acquainted with ;ill my wish 
but these I do doI desire to control her, bul I desire 
her to exercise her own judgment in regard to the dis- 
position of this Mini of one hundred thousand dollars 
in everi respect whatever. I give to her absolutely 
;ill in\ furniture of everj description, plate and \\ii 
except inv books, manuscript and printed, and mi pic- 
tures, statues and works of art. and of these Bhe i- to 
have the uncontrolled use and possession during her 
life. Should m\ doai- mother outlive my wile then I 
give her during her life tin- income of m\ estate 

I give, devise and bequeath (subject to the last 
recited gift, devise and bequest to my wife and mother, 
which I docile to be carried into lull effect) to my Exe- 
cutors and Trustees above named and anj substitute 
lor any of them who ma\ ho legally appointed and 
the survivor of them, their and his heir-, executors 
and administrators all my estate real and personal in 
trust lor the following purposes, that is to saj : First, 
at Mich time as the\ may deem expedient, but within 
three years after the death of my wife or my mother. 
whichever shall survive to set aside or convert into 
money, at their discretion, such portion of my estate 
real and persona] ;is shall in their opinion he at that 
time of the value of one hundred thousand dollars 
and then to pay over or deliver the same to such per- 
sons as my wife shall by such writing ;is is hereinbefore 
stated appoint, devise and bequeath. Secondly, if my 

wife shall fail to execute Mich Writing, or the s;une he 

lost or mislaid, or there he any defect in its execution 
or from any cause it become inoperative (which I par- 
ticularly desire my dear wife to guard against, it hen 
my anxious wish that --he shall devise, dispose of. 



6 

bequeath and appoint the distribution of the said por- 
tion of my estate real and personal, which I may leave 
at the time of my death), or if my wife and mother 
shall die before me, then in that event I hereby direct 
my said Executors and Trustees to divide, pay over 
and deliver at the period aforesaid the said portion of 
my estate real and personal, but no more, to such of 
the following persons as shall be then living- and in 
the following amounts, that is to say to my brother 
Richard A. Gilpin twenty thousand dollars, to my 
grandson William S. Johnston twenty thousand dollars, 
to my sister Elizabeth Maury fifteen thousand dollars, 
to my sisters Sarah and Mary and to my brother Wil- 
liam Gilpin ten thousand dollars each ; to my niece 
Helena Sibley ten thousand dollars, and to my relative 
and namesake Henry D. Gilpin, Junior, five thousand 
dollars ; and if any of the said persons shall be dead 
at the period aforesaid leaving children, the children 
shall then receive the parent's share, and if leaving no 
children then his or her share shall be divided equally 
among the said named persons then surviving. Thirdly, 
after the death of my dear wife and mother, whichever 
shall last occur, and after the entire payment and set- 
tlement of the last-mentioned gift devise and bequest 
of the said real and personal estate of the value of one 
hundred thousand dollars (but not before) then, as soon 
thereafter as may in the opinion of my said Executors 
and Trustees be expedient to divide, convey, pay over 
and appropriate the rest and residue of my estate, real 
and personal, as it then may be, in three equal parts, 
to wit : 

First, one-third part to the President and eldest Vice- 
President for the time being of the Historical Society 



of Pennsylvania to Richard L Gilpin, Elenrj D. Gil- 
pin, Junior, Charles Macalester and J. Francis Fisher 
the survivors and survivor of them, in trusl to he 
and re-invesl the Bame at interest in public Btock 
the City of Philadelphia and after a period of ten years 
(and as much longer as they may deem expedient) 
then to appropriate the income accumulated up to that 
time by such investment and re-investment to the en < - 
tion by themselves or in such manner and plan as thej 
shall approve, of a fire-proof Librarj building, to b 
part of a fire-proof Edifice of the said Society, when 
one shall be erected, but to be in itself fire-proof en- 
tirely distinct from any other portion of the said edifice, 
though connected with and forming a part of it. and 
to be designated "The Gilpin Library of the His- 
torical Society of Pennsylvania." Afterthesaid Edifice 
and building shall be entirely completed, then I direct 
the said last named Trustees and their successors to 
appropriate annually to the use of the said Gilpin 
Library the entire income of the said one-third part of 
the said rest and residue of mj estate and to continue 
to invest and re-invest the principal of the same in the 
public stocks aforesaid. 1 authorize thesaid last named 
Trustees and their successors to make all rules and 
regulations for the establishment and conduct of the 
said Library co-operating with and having the assent 
of the said Historical Societj ; but 1 direct that none 
of the books or other articles be taken therefrom, but 
that the same be used (with liberal arrangements) 1>\ 
Students at the Library. I direct the Executors and 
Trustees of this Will and Testament to deliver to the 
said last named Trust es when they shall diem it . \- 

pedient my entire library of hooks and manuscripts 



8 

which I may possess at my death to be placed in the 

said Library. 

Second. One other third part of the said rest and 
residue of my estate real and personal to the President 
and eldest Director for the time being of the Pennsylva- 
nia Academy of the Fine Arts and to Richard A. Gilpin, 
Henry D. Gilpin, Junior, Charles Macalester and J. 
Francis Fisher, and the survivors and survivor of them 
in trust to invest and re-invest the same at interest in the 
public stocks aforesaid and after a period of Ten years 
(and as much longer as they may deem expedient) then 
to appropriate the income accumulated up to that time 
by such investment and re-investment to the erection 
by themselves or in such manner and plan as they 
shall approve of a fire-proof Gallery of the Fine Arts to 
be a part of a fire-proof Edifice of the said Academy 
when one shall be erected but to be in itself fire-proof 
entirely distinct from any other portion of the said 
edifice, though connected with and forming a part of it 
and to be designated " The Gilpin Gallery of the Penn- 
sylvania Academy of the Fine Arts." After the said 
Edifice and building shall be entirely completed then 
I direct the said last named trustees and their succes- 
sors to appropriate annually to the use of the said 
Gilpin Gallery the entire income of the said last-men- 
tioned one-third part of the said rest and residue of my 
estate and to continue to invest and re-invest the prin- 
cipal of the same in the public stocks aforesaid. I 
authorize the said last named Trustees and their suc- 
cessors to make all rules and regulations for the conduct 
and establishment of the said Gallery co-operating 
with and having the assent of the Board of Directors 
of the Pennsvlvania Academv of the Fine Arts ; but I 



9 

direct that the said lust named Trustee! and their suc- 
cessors shall always In every year paj over at l< 
one-half of the said income to artiste in painting, sculp- 
ture and architecture for the best works, models and 
designs in their respective branches of art, such pre- 
miums to be awarded after such public competition as 
the said last named Trusteesand their successors deem 
suitable, provided that such work, model or design be 
absolutely given on the payment or deliven of the 
premiums to the said •• Gilpin ( taller; of the Pennsyl- 
vania Academy of the Fine Arts'" t<> be placed and 
retained therein as the property of the said last named 
trustees forever. I requesl the Executors and Trustees 
of this will ami testament to deliver to the said last 
named Trustees all my pictures, statuary and works of 
the fine arts which I may possess at my death, includ- 
ing if she will permit it. my Wile's own Portrait and 
Statue to be placed in and never to be taken from the 
said ( iallerv. 

Third. The remaining third part of the said rest 
and residue of my estate, real and personal, to the 
President and eldest Vice-president or Director of the 
Historical Society of Chicago for the time being and 
to Richard A. Gilpin, Henry I). Gilpin, Junior, and 
Charles Macalester, of Philadelphia, ami William B. 
Ogden, of Chicago, and the survivor ami survivors of 
them in trust to invest and re-invest the same at inter- 
est in the public stocks of the City of Chicago, and 
after a period often years (and as much longer as they 
may deem expedient) then to appropriate the income 
accumulated up to that time by such investment and 
re-investment to the erection by themselves or in such 
manner and plan as tiny shall approve of a fire-proof 



10 

Library building to be a part of a fire-proof Edifice 
of the said Society, when one shall be erected but to 
be in itself fire-proof entirely distinct from any other 
portion of the said edifice though connected with and 
forming a part of it and to be designated " The Gilpin 
Library of the Historical Society of Chicago." After 
the said Edifice and building shall be entirely com- 
pleted then I direct the said last named Trustees and 
their successors to appropriate annually to the use of 
the said Gilpin Library the entire income of the said 
last mentioned third part of the said rest and residue 
of my estate real and personal and to continue to invest 
and re-invest the principal of the same in the public 
stocks last mentioned. I authorize the said last named 
Trustees and their successors to appropriate annually 
to the use of the said last mentioned Gilpin Library 
the entire income of the said one-third part of the said 
rest and residue of my estate and to continue to invest 
and re-invest the principal of the same in the public 
stocks aforesaid. I authorize the said last named 
Trustees and their successors to make all rules and 
reoulations for the establishment and conduct of the 

o 

said Library co-operating with and having the assent 
of the said Historical Society ; but I direct that none 
of the books or other articles be taken therefrom, but 
that the same be used (with liberal arrangements) by 
Students at the Library. 

I authorize a majority of the Trustees and Executors 
(my wife if living being one) to act for the whole. If 
a vacancy shall occur in any of the foregoing Trusts, 
I desire the same to be filled by the remaining Trus- 
tees of such trust or a majority of them (my wife if 
living being one) and the same being confirmed by a 



1 1 

Court al Philadelphia or Chicago as the case maj be, 

having jurisdiction over the subject. \n\ person who, 

in ili' 1 opinion of a courl of competent jurisdiction 

in Philadelphia or Chicago, as the case maj be, 

(who)shall be interested in the proper management of 

either of the said three last named Trusts may apply 

t<> such court for an examination thereof which such 

Courl ma) in its discretion direct and anj report thereon 

shall be published. The Trustees of each of the three 

last named Trusts shall make to such Courts annually 

and publish a full report of the state of the Trust. 

In all cases where the Trustees of either of the said 

three last named 'Trusts shall confide to any person the 

collection or disbursement of money, they shall first 

receive security in such sum as they deem proper for a 

faithful fulfilment of such undertaking, and indemnity 

against all losses. 

I\ witness whereof, I have herein set my hand and 
seal to this instrument as my last Will and Testament, 
written on three pages of paper, each bearing my own 
signature at Philadelphia tin- Seventeenth day of Jan- 
uary in the year of our Lord one thousand eight hun- 
dred and sixty. 

II. 1). GILPIN. [SEAL.] 



MEMORANDUM OF AGREEMENT WITH HEIRS. 



Memorandum of Agreement made the seventh day 
of December in the year of our Lord one thousand 
eight hundred and seventy-four. Between the sub- 
scribers the parties interested in the estate which was 
of Henry D. Gilpin, Esq., deceased, for the distribu- 
tion thereof and for the settlement of the several 
questions and controversies between the said parties 
which have arisen or may arise in relation thereto 
whether under the last will and testament of the said 
Henry D. Gilpin or under that of his widow Eliza 
Gilpin, late deceased. 

It is agreed that Henry D. Gilpin, Junior, and 
Helena Flournoy, late Helena Sibley shall be paid the 
legacies of five thousand dollars and ten thousand 
dollars to them respectively given and appointed to be 
paid by the will of the said Eliza Gilpin. 

It is also agreed that William S. Johnston shall be 
paid the two legacies of twenty thousand dollars each 
given and appointed to be paid him by the last-men- 
tioned will without regard to the happening of the 
contingency affecting his right to receive the second 

one. 

The said William S. Johnston shall also be paid in 
addition to the above mentioned sums sixty per 



13 

centum of the legacj often thousand dollars condi- 
tionally appointed to be paid him by the Baid last 
mentioned will and rixtj per centum of the residue 
and remainder of the estate and property devised to 
the said Eliza Gilpin bj virtue of the will of the said 
Henry D. Gilpin, to wit, of the sura of seventeen 
thousand dollars, which residue and remainder was by 
the will of the said Eliza Gilpin given and appointed 
to him the said William S. Johnston. 

It is further agreed thai the rector, church wardens, 
and vestrymen of St. Andrew's Church in the citj of 
Philadelphia, Eliza Gilpin McLean, Josiah S. John- 
ston of Kentucky, and William Preston .John-ton 
shall each be paid sixty per centum of the Legacies of 

one thousand dollars, lour thousand dollars, eight 
thousand dollar-, and five thousand dollars to them 
respectively in certain contingencies given and ap- 
pointed to be paid by the will of the said Eliza < rilpin. 

The Fidelity Insurance. Trust, and Sale Deposit 
Company of Philadelphia and Isaac Hazlehurst, Es- 
quire, executors and trustees under the said last will 
of Eliza Gilpin, deceased, shall be paid the sum of 
eighteen thousand dollars, being forty per centum ol a 
certain residue amounting to forty-five thousand dol- 
lars, which residue was given and appointed by the 
will of the said Eliza Gilpin in certain contingencies 
to the said executor- and trustees in trust for the use 
and benefit in equal part- of the Historical Society of 
Pennsylvania, the Historical Society of Chii and 

the Pennsylvania Academy of the Fine Art-. 

And the said the Fidelity Insurance, Trust, and 
Safe Deposit Company of Philadelphia and Isaac 
Hazlehurst, Esquire, executors and trustees as afor< said, 



14 

in the exercise of the discretion given them by the 
will of the said Eliza Gilpin, hereby agree that the 
sum of eighteen thousand dollars, being forty per 
centum of the said residuum of forty-five thousand 
dollars, shall be awarded and paid to the said three 
corporations above named in equal parts. 

The commissions of the said executors and trustees 
in respect to their administration of the fund as to 
which under the will of the said Henry D. Gilpin the 
said Eliza Gilpin possessed and by her said will exer- 
cised a power of appointment, shall be paid out of the 
general residue of the fund now for distribution. 

Subject to the payment of the several sums above 
mentioned the whole residue and remainder of the es- 
tate and property which was of the said Henry D. Gilpin, 
deceased, whether the same is now or shall hereafter 
be for distribution as the same now is or shall exist or 
the proceeds be received shall be equally divided be- 
tween the heirs and next of kin of the said Henry D. 
Gilpin and the residuary legatees and devisees under 
the will of Mrs. Mary Gilpin, deceased, and their re- 
spective executors, administrators, and assigns as they 
shall agree among themselves of the one part and the 
survivors of the trustees severally named in the will 
of the said Henry D. Gilpin, deceased, for the Histor- 
ical Society of Pennsylvania, for the Pennsylvania 
Academy of the Fine Arts, and for the Historical 
Society of Chicago in equal shares for the uses and 
trusts set forth in the will of the said Henry D. Gil- 
pin of the other part. 

All of the powers for the conversion of such part of 
the estate of the said Henry D. Gilpin, deceased, as 



15 

in;i\ be realtj into personalty are hereby confirmed t(» 
his executors and to the trustees of such realty. 

Ii is further agreed thai each of the payments here- 
inbefore provided for shall be made subject to the 
proper deduction for the collateral inheritance tax 
chargeable thereupon. 

Such of the parties to this agreemenl as are acting 
in ;i fiduciary capacity with a view to carry it into 
effect agree to .- * j » i » I > forthwith for the approval and 
sanction of the proper Court to the compromise now 
made, bul their execution hereof shall impose no lia- 
bility upon them unless the proper Court shall confirm 
and sanction such compromise. 

W hen such approval and sanction shall have been 
given it is agreed that the auditor appointed by the 
Court shall make distribution of the estate now in the 
hands of or hereafter to be received by the surviving 
executor of the will of the said Henry 1). Gilpin, de- 
ceased, in accordance with the term- of this aeree- 

lllelit. 

In witness whereof the parties have interchangeably 
set their hands and seals hereto the day and year first 
above written. 



MODIFICATION OF TRUST. 



To the Honorable the Judges of the Court of Common Pleas 
No. , for the County of Philadelphia. 

The petition of John William Wallace, President 
of the Historical Society of Pennsylvania, John Jordan, 
Jr., eldest Vice-President of the said society, and 
Richard A. Gilpin, surviving and remaining- trustees 
for the Gilpin Library of the said society under the 
last will and testament of the Honorable Henry D. 
Gilpin, deceased, respectfully represents — 

1. That the said Henry D. Gilpin died in the latter 
part of the month of January, A. D. 1860, having first 
made his last will and testament dated the 17th day 
of January, immediately preceding, and duly proved 
before the Register of Wills at Philadelphia, on the 
3d day of February, A. D. 1860. 

2. That in and by his said last will and testament, 
after appointing his wife, Eliza Gilpin, and his friends, 
Charles Macalester and Charles Gilpin, executors and 
trustees thereof, inter alia, he gave, devised, and be- 
queathed the entire income and proceeds of his whole 
estate, real and personal, to his said wife during her 
life, requesting her to pay therefrom to his mother 
annually during her life the sum of $2,500. 

3. That he further authorized and empowered his 



n 

sod wife to give, devise, and bequeath bj ani instru- 
ment of writing Bigned before three persons the sura of 
$100,000 of the principal <>f lu> estate, the --;i i< i power 
and authority, and the Baid gift, devise, and bequest t<> 
take effect after her decease and no1 before; and he 
Further provided, that should his mother outlive his 
wife she Bhould enjo) during her life the incomi 
lti^ estate. 

I. Subject to the gift, devise, and bequest to his 
wife and mother, he l::i\<'. devised, and bequeathed t<» 
his said executors and any substitute for them \\li<> 
might be legall) appointed, and the survivor <>f them, 
their, and his heirs, executors, and administrators, all 
his estate, real and personal, in trust. 

First, That they should at Mich time as they might 
deem expedient, hut within three years after the death 
of his wife or mother, whichever should survive, Bet 
aside or converl into money, at their discretion, such 
portion of his estate, real and personal, as Bhould in 
their opinion be at that time of the value of$100,000, 
and then pay over or deliver the same tn Buch persons 
as Ins wife should by such writing ;i^ \\;i- thereinbefore 
stated, appoint, devise, and bequeath. 

Secondly, That if his said wife should fail to es - 
cute such writing, or the same should he losl or mislaid, 
ot there Bhould lie any defect in its execution, or from 
any cause it should become inoperative, or it his wife 
or mother Bhould die before him. then, in that event, 
he did thereby direct his said executors and trustees to 
divide, pay over, and deliver, at the period aforesaid, 
the said portion of his estate, real and personal, to 
certain persons in his said will named in the amounts 
and proportions therein Bet forth; and. 



18 

Thirdly, After the death of his wife and mother, 
whichever should occur last, and after the entire set- 
tlement and payment of the said gift, devise, and 
bequest of the real and personal estate of the value of 
$100,000, and whenever his said executors and trustees 
should deem it expedient, he further directed his said 
executors and trustees to divide, convey, pay over, and 
appropriate the rest and residue of his estate, real and 
personal, as it then might be in three equal parts, to 
wit : — 

First, One-third part to the President and eldest 
Vice-President for the time being of the Historical 
Society of Pennsylvania, to Richard A. Gilpin, Henry 
D. Gilpin, Jr., Charles Macalester, and J. Francis 
Fisher, and the survivor of them in trust, to invest 
and reinvest the same at interest in the public stocks 
of the city of Philadelphia, and after a period of ten 
years (and as much longer as they might deem expe- 
dient) then to appropriate the income accumulated up 
to that time by such investment and reinvestment to 
the erection by themselves, or in such manner and 
plan as they should approve, of a fire-proof Library, 
the building to be part of a fire-proof edifice of the 
said society, when one should be erected, but to be 
in itself fire-proof, entirely distinct from any other 
portion of the said edifice though connected with and 
forming a part of it, and to be designated " The Gilpin 
Library of the Historical Society of Pennsylvania." 

And the said testator further directed that after the 
said edifice and building should be entirely completed 
then the said last named trustees and their successors 
should appropriate annually to the use of the said 
Gilpin Library the entire income of the said one-third 



19 

part of the Baid rest and residue of his i Btate, and 
should continue to invest and reinvest the principal oi 
the same in the public -tucks aforesaid. 

And the said testator further authorized the said 
lasl named trustees to make all rules and regulations 
for the establishment and condud of the said Libra 
co-operating with and having the assent of the said 
Historical Society, but he directed that none of the 
books or other articles should be taken therefrom, but 
that the same Bhould be used with liberal arran - 
ments 1>\ Btudents at the Library. 

And he further directed the executors and truste 
of his said lasl will and testament to deliver to the 
said la-t named trustees, when they should deem expe- 
dient, his i ait ire library of books and manuscripts which 
he might possess at his death to be placed in the said 

I librar) . 

Second. One-third part of the said re^t and residue 
of hi- estate, real and personal, to the President and 
eldest Director for the time being of the Pennsylvania 
Academy of the Fine Arts, and to Richard A. Gilpin, 
Henrj D. Gilpin, Jr., Charles Macalester, and J. 
Francis Fisher, and the survivors and survivor of them 
in trust for the special uses and purposes in connection 
with the said Academy set forth in his said last will 
and testament with regard to the s ;i i.l last-mentioned 

one-third part of his residuary estate; and 

Third. The remaining third part of the said rest and 
,, sidtii of In- estate, real ami personal, t<» the President 
and eldest Vice-President or Directer of the Historical 
Societj of Chicago, for the time being, and to Richard 
A. Gilpin, Henry I ). ( rilpin, Jr., and Charles Macales- 
ter, of the citj of Philadelphia, and William B. Ogden, 



20 

of Chicago, and the survivors or survivor of them in 
trust for the special uses and purposes in connection 
with the said Society, set forth in his said last will and 
testament with regard to the said remaining third part 
of his residuary estate. 

5. That Mary Gilpin, the mother of the testator, 
survived him, but died during the lifetime of his wife, 
the said Eliza Gilpin. 

6. That the said Eliza Gilpin died on the 12th day 
of February, 1674, having first made and executed her 
last will and testament dated the 19th day of Septem- 
ber, 1873, which with a codicil thereto, dated the 22d 
day of December, 1873, was duly proved at Philadel- 
phia on the 17th day of February, 1874, wherein and 
whereby she did in due form execute the power of 
appointment given her by the will of the said Henry 
13. Gilpin, deceased, as to the said sum of $100,000 
therein mentioned. 

7. That the said Charles Macalester and the said 
J. Francis Fisher, trustees as aforesaid, are now de- 
ceased, and the said Henry D. Gilpin, Jr., was on his 
own petition, on the day of May, 1875, by order 
of the Orphans' Court, discharged from his office as 
trustee under the will of the said Henry D. Gilpin, 
deceased, whereby the present petitioners were left 
surviving and remaining trustees as aforesaid. 

8. That Charles Gilpin, the surviving executor of 
the will of the said Henry D. Gilpin, deceased, having 
filed his seventh account of the estate of the said dece- 
dent, the same was referred to George Junkin, Esq., 
as auditor, to settle and adjust the same and to report 
to the Court distribution of the balance in the hands 
of the said surviving executor. 



21 

9. That forasmuch as the lasl will and testament ol 
the said Henrj D. Gilpin was executed less than one 
calendar month before his decease, it became doubtful 
whether the gift, devise, and bequest therein contained 
of his residuary estate to the Baid trustees for the u 
and purposes connected with the Historical Society ol 
Pennsylvania, the Pennsylvania A.cademj of the Fine 
Arts, and the Historical Societ) of Chicago, resp 
lively, did not, at least so far as the said residuary 
estate was al the time of the testator's death subject 
to the jurisdiction of this Commonwealth, become void 
and of none effect, and the said residuary estate L. r «> to 
his next of kin and heirs according to law. And that 
the said auditor, to whom the accounts were referred 
ultimately on a collateral issue, decided that the said 
gift, devise, and bequest to the extent mentioned, did 
so become void, and the said residuarj estate did so 

10. Wherefore all of the parties interested in the 
estate which was of the said Henry D. Gilpin, de- 
ceased, did, on tli.' 7th daj of December, L 874, enter 
into an agreement for trie distribution thereof, and for 
the settlement of the several questions and controver- 

a which had arisen or might arise between them in 
relation thereto, whether under the last will and n 
in, Mit of the said Henry 1). Gilpin, or under that of his 
widow, the said Eliza Gilpin, then deceased, which 
agreement, so far as concerned the parties thereto who 
acted in a fiduciary capacity, was afterwards, on the 
petition of the said parties, to wit. on the da\ ol 
. 1875, duly ai>|>r<>\ed and -auctioned by 

tli.' Orphans' Court for the County of Philadelphia, in 
conformity with the |»m\iM<>iiN thereof. 

1 1. That by the terms of the -aid agreement it was 



22 

provided, among other things, that the whole residuary 
estate of the said Henry D. Gilpin, whether the same 
was then or should be thereafter for distribution as the 
same then was or should exist, or the proceeds be 
received, was to be equally divided between the heirs 
and next of kin of the said Henry D. Gilpin and the 
residuary legatees and devisees under the will of Mrs. 
Mary Gilpin, then deceased, and their respective exe- 
cutors, administrators, and assigns, as they should 
agree among themselves, of the one part, and the sur- 
vivors of the trustees severally named in the will of 
the said Henry D. Gilpin for the Historical Society of 
Pennsylvania, for the Pennsylvania Academy of the 
Fine Arts, and for the Historical Society of Chicago, 
in equal shares for the uses and trusts set forth in the 
will of the said Henry D. Gilpin, of the other part. 

12. That the said auditor made distribution of the 
estate of the said Henry D. Gilpin, so far as the same 
was embraced in the accounts referred to him, in 
accordance with the provisions of the said agreement, 
and filed his report on the said account on the 8th 
day of May, 1875, and the same was duly confirmed 
by the Orphans' Court on the 22d day of the same 
month and year. 

13. By this report the sum of $29,552.22 was 
awarded to J. W. Wallace and others, trustees as 
aforesaid for the Gilpin Library of the Historical 
Society of Pennsylvania. This sum, with the further 
sum of about $30,000 to be hereafter received by the 
petitioners as their proportion of the unadministered 
estate of the testator, will, after the deduction of the 
proper charges for the execution of the trust, form the 
corpus of the trust estate confided to their care and 



applicable t<> the uses and purpoa el forth with 
regard thereto in his last will and testament, 

II. Your petitioners further Bhon to th< I i irl 
thai the Baid Library, consisting of aboul 17,000 
volumes, still remains undisposed of in the hands ol 
the said surviving executor, ftnd that one-sixth of the 
same, in specie or in value, will, under the said agri - 
ment, come to your petitioners in the due course of the 
administration of the estate of the decedent. 

15. That the said testator, though he attached greal 
;n id peculiar value to his collection of books and manu- 
scripts, did not in hi-- said will make anj provision 
whatever for its preservation, use, or accretion, during 
the time prescribed for the accumulation of the income 
of the trust estate, * >r during that afterwards necessary 
for the erection of the fire-proof edifice to be built with 
the results of such accumulation. 

lii. And your petitioners further saythat the Histo- 
rical Society nf Pennsylvania now- occupies, under lease 
from the Managers of the Pennsylvania Hospital, a 
building on the south side of Spruce Street between 
Eighth and Ninth Streets, in this city, which is well 
suited for its purposes and sufficient for its accommo- 
dation as well as for thai of the Trustees of the Gilpin 
Librar) of the said society, but which is not fire-proof. 

17. That the said society does nut own an\ fire- 
proof edifice, nor ; ( s your petitioners are advised has it 
nor is it likely to have lor a long time to come, a time 
much longer than ten years, either the intention 
ability to build one wherewith thai contemplated by 
the will of the testator may lie connected, or of which 
it shall form part. 

And that it is whollv uncertain win thei or not the 



24 

said society, even if it should at a future time erect 
such an edifice, will then consent to the connection 
therewith of a fire-proof building- for the use of the 
Gilpin Library on terms satisfactory to the trustees 
therefor for the time being'. 

Or if it should be willing- to do so whether or not it 
would co-operate with the said trustees in the making 
of rules and regulations for the establishment and 
conduct of the said Library. 

18. Your petitioners further say, that by reason of 
the failure of the provisions made by the testator for 
tlie charity to the extent of one-half the capital value 
thereof, the construction of a fire-proof edifice for the 
Gilpin Library, from accumulation- of the income of 
the trust funds, in connection with one to be erected 
by the said Historical Society, would be postponed, 
under any circumstances, for a very much longer time 
than the term of ten years contemplated by the testator. 

19. Your petitioners further suggest to the Court, 
that it is plainly apparent from the foregoing recital, 
that the particular modes pointed out by the will of 
the testator, for the execution of the said trusts, are 
impracticable, uncertain-, and inadequate to the carry- 
ing out of the same, according to the general intent 
and scope thereof. 

20. Your petitioners therefore, in order that they 
may safely and properly discharge their duties as 
trustees, and that the charity intrusted to their care 
may not fail, but be carried out as far as possible ac- 
cording to the design of the testator, pray the advice 
and direction of the Court as a Chancellor in the 
premises, and ask that they may be decreed authority 
to enter into an agreement with the said Historical 



Societj of Pennsylvania for the leasing "I such p 
of the presenl or anj future hall of tin said S 
as the) maj deem expedient for the use <•! the said 
Gilpin Library, on Buch terms as ma) be mutualh 
agreed on. mid thai the) ma) have leave to appl) 
much "I" the income of the trust estate as may be 
necessar) to the payment <>f the rent therefor, and to 
appropriate the remainder <»t" the said income to the 
use of the said Gilpin Library, according t<> the direc- 
tions of the \\ ill of the said testator. 

JOHN w M. w ALL \( I . 
JOHN JORD W Jr., 

RICH \1M> \. GILPIN, 

Tru$U < . 



And now, t<> wit. October 28, l s "d>. decree made 
in tin- following word- to wit : — 

In the mutter of the petition of John William 
Wallace, President of the Historical Society of Penn- 
sylvania, John Jordan, Jr., eldesl Vice-President of 
the said Society, and Richard \.. Gilpin, Trustees for 
the Gilpin Library of the said Society. 

\nd now, October 28, 1876, the foregoing petition 
and report of the Master thereupon, with the evidence 
in the case, having been road and duly considered, it 
is ordered, adjudged, and decreed that the Baid report 
be confirmed, and it is now confirmed accordingly. 

\nd it is further ordered, adjudged, and decreed — 

First. That the Trustees of the Gilpin Library are 
hereby authorized to enter into an agreement with 



26 

the Historical Society of Pennsylvania, for leasing; 
such part of the present or any future building occu- 
pied by the said Society, as they may deem expedient 
for the use of the Gilpin Library of the Historical 
Society of Pennsylvania, on such terms as they may 
be mutually agreed on. 

Secondly. That the Trustees of the Gilpin Library 
have leave to apply so much of the income of the 
trust estate as may be necessary to the payment there- 
of, and 

Thirdly. To appropriate the remainder of the said 
income to the use of the said Gilpin Library according 
to the directions of the will of the said decedent, which 
are subsequent to those relating to the accumulation 
of the fund and the erection of a fire-proof library 
building with the proceeds thereof, including the pro- 
per fitting up and care of the library room, the pur- 
chasing of books, the binding of the same when neces- 
sary to be done, and the employment of a proper 
person as Librarian, at a salary to be fixed upon by 
the Trustees, and 

Fourthly. That they shall have leave to apply to 
' the Court for any further directions in case they should 
desire the same. 

JOSEPH ALLISON. 



LIBRAE OF «£»£S 



TO 838 629 2 



